The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-07-08


When finished a motion was made that
the same be accepted and the engi-
neers elect take their respective seats
Chief Engineer Wilson thereupon
stated that he had entered a formal.
protest against the election, and al
though the judges and tellers' rel ort
gave the returns it did not state who
was elected Chief.
Mr.. Henry Smith, chairman of cleo
tons, had prepared an opinion on the
qualifications Of voters at departmental
elections, after consultation with Mr..
Justice Preston Of the Supreme Court
He quoted sec. 352, Civil Code, and
article II of the Department Constitu-
ton, according to which a man, to be
entitled to vote at the election of en-
ginecrs, must have been properly
equipped as a member Of the Depart.
ment and certified as a member so
equipped by the Secretary Of the De
partment. He was not aware that these
legal requirements had heretofore been
observed in the Department, and in
view OF this question being raised now
for the first time he recommended the
adoption of a preamble and resolution,
the former summarizing the points
taken in the opinion referred to, and
the latter declaring the election held
June 9th ult null and void. Mr.
Smith also recommended for election
by the Board Of the following nominees,
to serve until their successors are
legally elected Chas. b. Wilson, Act
ing Chief Engineer; Julius Aseh, Act
ing First Assistant Engineer; Frauk
Hustace, Acting Sec nd Engineer
Further, he submitted forms respectively
Of certificate Of equipment and certih.
cate Of membership in the Department,
in order that all active members might
qualify as voters.
This opinion was circulated in printed
firm at the meeting The Chei
Engineer also submitted legal opinion
obtained by him on the recent elect n.
From this it appears that the laws OF
the Kingdom provided for elections OF
engineers being conducted according
to the bylaws OF the Department, while
the latter fail to make provision fOr
such elections. All that is left as q
guide is the public laws, land it is
there only provided that the election
shall be held on the first Monday Of
June yearly, and that the voters shall
be certificate members Of the Depart
ment." Article II Of the Department
Constitution is then cited in order
to show who are certificate members,
which article based on statute law
"olearly disbars anyone as a voter who
has not strictly complied with the con.
stitutlonal requirements, and the fact
that il has been the custom 10 ignore
both the statute laws and the Constitu
ton, in conducting elections, is not a
valid argument to support an illegal
and improper election, whether il occur
now or hereafter" The opinion holds
that custom only rules in the absence
Of statutory provisions, and concludes
that If members not properly certifcated
as such have voted at an election, the
election should be declared void as to
all those elected. Pgecedents are held
to be favorable TO holding new cleo
ton, Notwithstanding that there is nc
statutory provision for such in the case
of illegal election. In cases of disputes
Respecting the right Of an engineer to
hold his Office, the Courts could decide
the question on qN0 aOayyanfO process.
"rhose established in office would, in
such case, have the right to retain
their positions until legally relieved by
the proper election of new officers"
Mr.. Wilson waived his objection to
the election Of the candidate opposing
him, as regarded the protest he filed
with the chairman Of the elections at
the time Of election on the ground OF
illegality Of Pacific Hose Co.'S voting
list, and objected to the election on the
grounds SET forth in the above men
toned legal opinions.
M. ID. Monsarrat, the Chief Engi-
neer elect by the face of returns, after
Mr. Wilson had submitted his protest,
stated that he was willing to have a
new election, when he would again be
a candidate, in Difference t. the de-
sires OF his constituents. He at the
same time questioned the right Of the
sitting Chief to the Office, as the for
mer election at which he was returned
must also, according to the law cited,
have been illegal, so that the engineers
holding Office should supply be egard-
ed as acting officers pro TEN. until
their successors we're legally elected.
After some further discussion, Mr..
Smiths resolution was unanimously
carried.
Consideration Of the matter Of new
election was postponed until an ad
Journed meeting, ordered TO be held
next Thursday evening, as the Minister
A I'M. Inf rt,r and the AttOrnev.( ZEN.